银行防范存款被冒领之法律风险的对策分析

The Countermeasures of Legal Risks in Bank's Guard against Personation at Withdrawal

近年来,银行存款被冒领案件时有发生,当存款人向银行索赔时,银行常以自己无过错及存款人存在过错为由拒绝赔偿,存款人与银行由此产生的矛盾很难调解,多数需通过诉讼来解决纠纷。由于立法的不完善,对储蓄存款冒领纠纷中民事责任的承担司法实务界亦未形成统一的认识。从现有存款冒领纠纷的类型和法院对存款冒领纠纷民事责任认定的现状来看,存款冒领纠纷中银行面临的法律风险和操作风险主要有取款凭证识别能力不足、业务操作规程不规范、内控制度不健全、交易环境不安全、举证不力等。为避免存款人利益因存款被冒领遭受损失,保障经营安全,银行有必要在充分了解存款被冒领纠纷类型及其民事责任认定的基础上,通过严格履行审查义务、健全内控制度、依法合规办理业务、完善自助银行系统和信息系统、及时收集和保存相关证据等措施有效防范和化解存款被冒领之法律风险。

In recent years, personation at withdrawal has occurred from time to time. When depositors claims to the banks, banks often refuse to compensate because there is no fault of bank and fault existing in depositors. Thus, the contradictions between depositors and banks are more prominent, and it is so difficult to mediation that people use litigation to resolve disputes. Because of imperfect legislation, claim of civil liability disputes on deposit has not formed a unified understanding. From the type of the present situation of civil liability disputes and existing fraudulent withdrawal of deposit disputes impersonator from the court, the legal risks and operational risks from banks are insufficient withdrawals documents recognition ability, the unstandardized operating procedure, the unperfected internal control system, the unsafe trading environment, the burden of proof. In order to avoid the interests of depositors suffering losses because of deposit and protect the security operation, it is necessary to fully understand the dispute types of the claim and the civil liability cognizance, there are some measures to effectively guard against and defuse the deposit of falsely claim legal risk in the dispute such as, to strictly perform their duty, to improve the internal control system, to compliance business, to improve self-help bank system and information system, to collect and preserve of relevant evidence timely.